A. Prohibited In Certain Zoning Districts; Exceptions: No person shall use, permit the use of or place a garbage dumpster (defined as any garbage can, container or other receptacle which has a storage capacity greater than 95 gallons) on any private or public property within the General Residential Zoning District or the Transitional Zoning District of the City. Dumpsters used by public schools, parks and other public entities shall be exempt from the provisions of this section.
B. Dumpster Use By Permit:
1. Permits Enumerated:
a. Temporary Construction: A person who is engaged in the construction or remodeling of a structure may make application for a temporary dumpster permit for a period not to exceed three (3) months to place a dumpster on private property for the purpose of depositing construction debris therein. Upon completion of the construction project or expiration of the permit, the dumpster shall be removed.
b. Group Homes: An established "group home", defined as a facility providing assisted living to five (5) or more unrelated persons, such as a senior housing facility, may make application for a dumpster permit to place a dumpster on private property and within an enclosure which screens it from view from adjacent private property and public ways.
c. Lawful Nonconforming Business Uses: Dumpsters used by lawful nonconforming business uses as defined in the City zoning ordinance. Such dumpsters shall be located on private property and enclosed by a wood fence which screens it from view from adjacent private property and public ways, and shall have a current dumpster permit. A person may make application for such a dumpster permit with the City Marshal as provided in subsection B2 of this section.
2. Application For Permit; Fees And Conditions: Applications for a dumpster permit shall be provided by the City Marshal's Office. The completed application form, together with a ten dollar ($10.00) permit application fee, shall be filed with the City Marshal's Office. As a condition of each dumpster permit, the dumpster shall be maintained in a clean and sanitary condition and shall not emit odor detectible on any neighboring property.
C. Impoundment Of Dumpsters: The City Marshal is hereby authorized to impound any dumpster located within the right-of- way of any public street or alley within the City. The owner of an impounded dumpster shall pay to the City an impound fee of fifty dollars ($50.00) and a storage fee of three dollars ($3.00) per day for each day, or portion thereof, the dumpster is impounded by the City prior to reclaiming possession of the dumpster. Said impound and storage fees shall be paid to the City Marshal's Office and shall be in addition to any fine for violation of this section. (Ord. 99-05, 5-13-1999)
D. Misdemeanor Violation; Penalties: A violation of this section shall constitute a misdemeanor, and any person convicted of violating this section shall be subject to the penalty provisions of section 1-4-1 of this Code. (Ord. 99-05, 5-13-1999; amd. 2018 Code)